Morning Crunch, Need Insurance Advice

[yotasavg]

Hello good people of 'mud,

This morning my lovely fiance was pulling out of our driveway and received a nice t-boning from a dirtbike. Everyone is ok, thankfully, and our Landy took the hit like a champ. Basically he was speeding in a blind lane, and by the time he saw her he was pretty close and moving too fast. He panicked, hitting his front brakes and went into a stoppie, which caused him to fly over his bars and leave a nice body sized dent in our front fender. This tossed him over the hood, (dent popped back out when I closed the hood) and broke the bug guard which I've been wanting to remove anyway. I think the pivot driver's side mirror is messed up, but the mirror is not broken. Inner fender and everything in the engine bay checks out ok, so I believe it's simply the fender and inner liner that need replacement.

I'm really not sure what to do since I've never dealt with anything like this before. The cops showed up and facilitated an exchange of info, and said to call our insurance companies. However, no police report was filed as everyone was ok. The lame part is that the motorcyclist admitted he was moving too fast, but the cop only noted a violation on my fiance's part for not yielding to oncoming traffic. I have full coverage, but I'm not quite sure how to proceed and I'd appreciate any and ALL advice.

Pics:





Sad day, but could be much worse.

 

[PADDO]

Having just deposited my check for a totaled Range Rover Sport (son rolled it down a ravine with 5 pax whilst camping) after 3 weeks of negotiations I'd really recommend getting a police report and call your insurance asap. I'd have thought that a report must be filed if there is property damage/injury and am surprised the officer didn't write one up. May vary state by state? The NC State Trooper gave my son a "driver information exchange form" that listed the basic details and incident report number and that's what our insurance wanted. The other party may have said he's fine, got up walked around etc but there is no telling what his medical condition may be in 24 hours or so, after the bruising sets in and people start telling him what they think his options may be, particularly if he wasn't cited. Your insurance company deals with this all day, every day so call them.

 

[BMWSTOY]

It sounds to me like any insurance claim either way would end up in Arbitration as yield vs. speed and lookout. All of course without a street diagram or recorded statements at my disposal I am taking a stab.
A-You could attempt to claim against the MC insurance and see what they say - that's free and would not be a claim against your company. If the MC person stays to their word, then his/her company pays for your damages and your done.
B-Your company would take care of your damages regardless of fault, but the drawback would be a claim on your record plus a deductible to factor in. Your Call.
C-I would be a bit concerned that the MC rider is going to be hounded by Lawyers that will claim against you - the best part of insurance is that defense cost if needed.
Glad everyone is ok.

 

[nnnnnate]

With no injury or citation its not uncommon for LE to not do a full write up. In my state there is a dollar amount that when met changes things but I can't remember what that is right now, other than that its considered a "civil matter." Although the cyclist said he was driving too fast your lady came into the traffic lane and its her responsibility to ensure its safe to do so. I totally understand there are times when you just can't do that but in the end it was her "fault" and not the other guy from what you've said.

Call your insurance and if your agent is worth what you pay him he'll get you sorted.

 

[yotasavg]

Thanks for the advice @PADDO and @BMWSTOY, I guess I'll sack up and call my insurance company asap. I have Mercury btw... ya so the cop said no police report was needed as nobody was pressing charges, and the form he did fill out was just like PADDO mentioned, a driver info exchange form. He said that's what the insurance companies would need.

Here's a diagram of the area, if it helps. The arrow comes from our driveway, and jogs into an alley that links us up to the other direction of the highway. Street my fiance was crossing, where our house sits, is a one way highway. We cross there many times per day/week, and usually it's just fine. Today a Coors semi truck yielded for her to cross since traffic was backing up anyway (in the lane closer to our driveway), and the motorcycle came out from behind the semi truck. Hope this helps:

 

[yotasavg]

With no injury or citation its not uncommon for LE to not do a full write up. In my state there is a dollar amount that when met changes things but I can't remember what that is right now, other than that its considered a "civil matter." Although the cyclist said he was driving too fast your lady came into the traffic lane and its her responsibility to ensure its safe to do so. I totally understand there are times when you just can't do that but in the end it was her "fault" and not the other guy from what you've said.

Call your insurance and if your agent is worth what you pay him he'll get you sorted.

Thanks man, it's just a s***ty situation but I can't deny that you're right.

 

[nmatcek]

In my area the police don't determine who is at fault anyway. The insurance companies do that. The police interview both parties and exchange info. You can call your insurance company and give your side of the story. Just weigh your options. If it's her fault then you might lean towards fixing it yourself and avoiding the deductible. Looks like all sheet metal so IF you can source a replacement it may be the cheaper route depending on how high your deductible is.

 

[yotasavg]

In my area the police don't determine who is at fault anyway. The insurance companies do that. The police interview both parties and exchange info. You can call your insurance company and give your side of the story. Just weigh your options. If it's her fault then you might lean towards fixing it yourself and avoiding the deductible. Looks like all sheet metal so IF you can source a replacement it may be the cheaper route depending on how high your deductible is.

Ya that's what I was thinking, but if that guy goes to his insurance company and I don't... then what am I looking at?

 

[nmatcek]

I'm on my little phone screen and just noticed you have damage to the hood also. Might not be cost effective to replace all that yourself. I don't know I've never tried to source sheet metal for the hundy.

Moral of the story....don't let a woman drive your vehicle.

 

[nmatcek]

Ya that's what I was thinking, but if that guy goes to his insurance company and I don't... then what am I looking at?

Probably just increase in your rates. Depends on your company

 

[nnnnnate]

I hate hate hate hate it when a driver stops to let someone through on a multi lane road. I know people are trying to be nice and polite but seriously it puts the person thats trying to get through in a horrible situation just like happened today to your lady. With this new info there isn't any way I can see that the biker is at fault.

Sorry you are in this position but it'll get sorted.

 

[yotasavg]

I hate hate hate hate it when a driver stops to let someone through on a multi lane road. I know people are trying to be nice and polite but seriously it puts the person thats trying to get through in a horrible situation just like happened today to your lady. With this new info there isn't any way I can see that the biker is at fault.

Sorry you are in this position but it'll get sorted.

I'm with you, it's not a choice I would have made because it's super dangerous, but I wasn't in the car and she did make that choice. I'm thinking regardless of the cyclist's own recklessness my lady still made the big mistake. Realistically she was blindly entering a lane; I doubt she could see around the semi without the nose of the truck out into the second lane...

 

[txtortoise]

Currently working through damages due to being rear-ended. Expect a replacement of fender and paint blending to be in $1500 range, but easy enough to get a real estimate.

Not sure how much no fault rules apply in Calif, but essentially it's an at fault accident as noted above. More importantly you should notify your agent so you have legal protection when/if the other driver realizes you owe him for bike, etc.

Don't make it harder than it is. File the claim, take the deductible hit and get the repair done. You may or may not get surcharged at renewal depending on policy any endorsements that may waive surcharge for first accident in three years, or something similar.

 

[yotasavg]

Ok thanks everybody. We filed the claim and the other party doesn't seem to be reaching out to his insurance at this point. I'm fine with paying the deductible to make sure he's take care of and off my mind. The more I think about it though, I want to fight the fault. I'm fine with no fault for either, but in light of him going at least 35mph faster than the flow of traffic I'm not feeling like my fiance is the only one who did something wrong. I talked to a coworker who used to be an adjuster and he said realistically the initial fault should be on the Coors driver, but obviously that guy is looooong gone now. As for repairs, I'm about to have my wedding and can't spend an extra $1500+ right now. I think I'm going to have to take the $500 deductible check and find a fender regardless of color at this point... Sucks but it's whatever. I'd like to go fully bedlined and cut fenders at some point anyway. I'll update when I know more. Next step is going to be getting a quote.

 

[txtortoise]

The max you are out is $500, i.e., body shop makes it like new and you pay them the $500. Some may even waive part of deductible.

 

[shadow247]

Advice from a pro....I have been in collision repair since I was 15, and fix over 65 cars per month.

Take it to a REAL body shop, not a mom and pop collision place, not a cut corners we'll save your Deductible shop. A real, honest body shop. In California there is a large chain that I could recommend but I work for them so I am prohibited from directly naming the company. Let's just say the name begins with a C and they are one of the largest in the country.

Anyway, get the appraisal by your insurance, take in your check and the estimate, and let the shop handle the repairs. Prepare to be out of the truck about 2 weeks, and expect to have the hood and fender replaced, and it also sounds like the mirror assembly too if it's not holding position. They should also be painting the driver front door to ensure even color match.

I can help you through this process if you like, just shoot me a mud message or email me.

 

[crimsonaudio]

Yah, @shadow247 offers good advice. I've had a few 'fender benders' over the years where there was hidden damage that no one (even the insurance adjustor) could have predicted. Worth doing it right and saving the potential headache later, imo.

 

[12guns]

Your wife will still be the proximate cause even is you can prove the MC was speeding. He likely won't admit it now, all the more reason to just let the insurance companies do their jobs. I assure you if they feel he was at fault, they will go after him or his insurance company in subrogation to be paid back. Glad everybody is ok.

 

[yotasavg]

Again, I appreciate the advice everybody. Thank you so much for chiming in. @shadow247 I'll be sending you a PM.

 

[2003lx470]

This is why we all need dash cams in our cars/trucks. I bought 2 dash cams on eBay and since new had multiple issues and now both don't work. I paid $70-80 each. As a group, we need to find out which model and brand to buy.